MOAR Abogados

Number of partners: 5

Number of associates: 7

Languages: English, Spanish

Firm Overview

MOAR Abogados is a multidisciplinary firm rather than a full-service firm. We are a small firm, but not a legal boutique. Although our firm is still young, the size and volume of our clients as well as the complexity of the assignments and cases are comparable to those of top ranked firms.

While fifty percent of the team focuses on Administrative and Regulatory Law, the other fifty percent handles all the legal aspects a business would require: Contractual, Corporate, Labor, Dispute Resolution and Taxation, in order to respond to clients’ needs for comprehensive, complete, and effective legal advice. In other words, in terms of size, we have the advantages of the boutique, and, in terms of multidisciplinary, we have the advantages of high-level specialists in the branches of law that are most relevant to business development.

Main Areas of Practice

Public Law 

• Our specialists provide comprehensive legal advice to individuals in the relationship they may have with the various public entities for the development of their economic activities. This includes permits and licenses, Real State and Construction, contracting with the State, Bureaucratic Barriers, among others.
• As part of our most recent experience, we currently give specialized advice to LatAm Logistic Properties, Hudbay Perú S.A.C., Fenix Power Perú S.A., Owens-Illinois Perú S.A., Virú S.A., Corporación Peruana de Productos Químicos S.A. (QROMA), Productos Roche Q F S.A., WeWork Perú S.R.L., Camposol S.A., Mitsui Automotriz S. A., Promotora Inmobiliaria Industrial de Piura S.A.C, among others.
• Our lead partner has been appointed as an an expert in Administrative Law, by the Republic of Peru, at the suggestion of the International Law Firm in charge of the defense, to issue a legal opinion in two international investment arbitrations before the ICSID, in aspects related, mainly to energy, infrastructure, concessions and free competition.

• Contacts: Carlos Monteza, Eduardo Ramos, Valeria Milla.

Contract and Civil 

• We are specialists in preparing, negotiating, and executing civil, commercial and finance contracts, for clients from diverse economic sectors, with a practical and comprehensive approach that includes the analysis of tax and labor aspects that could be related to contracting matters, in the search for economic efficiencies and for prevention of possible risks and contingencies.

• Likewise, our team specializes in providing civil consulting on complex matters, structuring strategies, and performing contractual planning for the incorporation, development, restructuring or closing of businesses in our country. We also provide specialized legal advice for the proper management of contracts, with special emphasis on claim and controversy contexts. In this sense, we specialize in placing our clients in the best possible legal position in the face of possible court processes or arbitrations, based on proper management of their legal and contractual tools.

• Our lawyers are professors of Contract Law at some of the best faculties of law in the country. Therefore, we also specialize in resolving queries in civil matters and drafting legal opinions, with special emphasis on matters related to breach of obligations and contractual liability.

• As part of our most recent experience, we currently give specialized advice on contractual and civil matters to Productos Roche QF S.A., LatAm Logistic Properties, Hudbay Perú S.A.C., Fenix Power Perú S.A., Owens-Illinois Perú S.A., Virú S.A., ON Energy Storage S.R.L., Eldo Perú S.A.C., WeWork Perú S.R.L., Toyota del Perú S.A., The Safe Storage Company S.A., Electroandina Industrial S.A.C. (Indurama) and Cumbra Perú S.A.; among others.

• Contacts: Ricardo Mego, Liliana Mavila, Marcial Gutiérrez.

Corporate and M&A 

• Our specialists provide advice to investors from various economic sectors, at all stages of their respective business activities.

• In corporate matters, our services and experience include legal advice on the incorporation of companies, by-laws modifications, capital increases and reductions, corporate reorganizations, mergers and acquisitions (legal audits, design of business acquisition structures, negotiation and drafting of relevant contracts); negotiation and drafting of shareholders agreements, support in the resolution of conflicts between shareholders, including the negotiation and drafting of share purchase agreements, assets purchase agreements, etc.

• In bankruptcy matters, our team has experience negotiating and drafting private equity restructuring agreements, liquidation agreements, and giving legal advice on bankruptcy procedures before INDECOPI, as well as private liquidation proceedings.

• As part of our most recent experience, we currently give comprehensive advice on corporate matters to WeWork Perú S.R.L., LatAm Logistic Properties, and Productos Roche QF S.A. Recent highlights include advising Virú S.A. for the incorporation of associative investment vehicles in foreign markets; LatAm Logistic Properties for the incorporation of Parque Logístico Callao S.R.L., the vehicle company that will develop an infrastructure project in Peru’s most important airport (shareholders agreement with CAPIA SAFI); Electroandina Industrial S.A.C. (Indurama) in the structuring of operations to develop new businesses; and Marinasol S.A. in merger operations; among others.

• Contacts: Liliana Mavila, Ricardo Mego, César Espinoza.

Labor and Safety and Health at Work 

• We provide specialized and comprehensive legal advice on the most important labor matters for our clients' operations, including direct hiring of workers, both domestic and foreign, compliance with labor obligations in general, remuneration planning, preparation and implementation of labor and employment policies, human resources, including internal regulations and function manuals, planning and implementation of atypical or cumulative work shift schemes, advice on individual and collective dismissal of workers, among others.

• In matters of Safety and Health at Work (SHW), we prepare and review regulatory matrices, both for internal monitoring and for national and international certification processes. We also provide advice on the implementation of SHW management systems and prepare and review SHW internal regulations and other relevant documents. In addition, we participate as advisors in the sessions of the SHW committees and carry out audits to verify compliance with legal SHW obligations.

• In terms of labor litigation, we design and exercise the defense of our clients before the National Superintendence of Labor Inspection (SUNAFIL) and the judiciary. Likewise, we offer training conferences, both in labor and SHW matters.

• Recent highlights include successful judicial representation of agro-industrial clients in labor proceedings for compensation for damages and services derived from work accidents; successful representation of construction, industry and services clients in audits carried out by SUNAFIL; execution of mandatory training on the prevention, investigation and sanction of sexual harassment, both for the staff in general and for the members of the Intervention Committee and the Human Resources area; design, preparation and implementation of Internal Labor Regulations and labor policies of LatAm Logistic Properties, Laboratorios Vesalio S.R.L., Virú S.A., Métrica Integral Project Management, Staff Boom Peru S.A.C., Questdor S.A.C., Dinámica Profesional Consultores (LHH), Owens -Illinois Perú S.A., Atria Energía S.A.C.; among others.

• Contacts: Juan Carlos Valera.

Tax 

• We are specialists in tax consulting, for which we analyze the tax aspects of all types of operations: contracts, corporate resolutions, tax compliance, and in parallel, we analyze the operations or businesses of our clients to define the appropriate strategies that allow the mitigation of contingencies and obtaining tax efficiencies.

• Likewise, we have participated in the development and implementation of various tax planning for non-resident clients interested in investing in the country, as well as advising national companies on their international expansion plans, for which we have important knowledge of international taxation and prices transfer regime.

• We represent clients in tax procedures, in all instances; as well as in the recovery of tax credits, especially in the investment regime linked to the early recovery of the IGV (VAT), as well as the return of the ITAN, among others.

• Recent highlights include the tax structuring on the asset management of non-resident investment funds; representation of Química Suiza Industrial S.A. in a controversy before the Tax Court, obtaining a favorable result that allowed an important change in the Tax Authority (SUNAT)’s approach, favoring taxpayers in general; representation of Virú S.A., Camposol S.A. and Owen Illinois Perú S.A. in proceedings related to municipal taxes, in multiple instances; advice on tax planning (including international taxation) of a national company with presence in Chile, to analyze the viability of a takeover bid by a foreign group; among others.

• Contact: César Espinoza.

Litigation & Arbitration 

• We are a firm that is involved in highly complex judicial processes, intervening in the definition of the procedural strategy, providing specialized support from the beginning of the dispute, as well as in the monitoring and representation of judicial proceedings on, mainly, civil, contractual, commercial, labor, constitutional and administrative litigation.

• In addition, our arbitration practice not only includes support in controversies among private parties and against the government, but it has also included our participation in national and international arbitrations, as well as in their prevention, by obtaining transactional agreements.

• Our litigation and arbitration team aims to obtain the most efficient result for our clients, promoting the reduction of costs in the dispute management.

• Our advice on litigation & arbitration has included the representation of WeWork S.R.L., Fénix Power Perú S.A., Agroindustrial Progreso S.A. – CAIPSA, Camposol S.A., Proseguridad S.A., Aenza S.A.A., Cumbra Perú S.A., Owens-Illinois Perú S.A., Transber Iquitos S.A.C., Compañía Minera Ares S.A., Medifarma S.A., Electroandina Industrial S.A.C., Junta de Usuarios de Riego Presurizado de los Valles de Moche, Virú y Chao, Marinasol S.A., AENZA S.A., JVJ Logistic, Construction & Mining S.A.C.; among others.

• Contacts: Ricardo Mego, Marcial Gutiérrez.